Witnesses must be present when you execute your Will! A witness can be a Notary
It seems straight forward but each state has got their own rules and regulation. And then there's what you should know before witnesses the signing of your own will of before you witness the signing of some one else's
Much like choosing a guardian this is an important decision.
Family dynamics might mean you want to choose someone that is less emotionally involved or related to you. You want to choose someone you can blindly rely on
A word of advise after billions of dollars of digital assets are lost in cyberspace never to be retrieved again.
It is important to specify which digital assets you own in a provision for digital assets in your Will to ensure that they don’t get lost in cyberspace after you die.
A will is something many of us put off creating, even though we know we shouldn’t. Why not take the plunge today and make your wishes known, because you never know what’s around the corner tomorrow?
A beneficiary whose maiden name has changed can prove their identity by producing a marriage certificate, divorce decree, or affidavit. Once the court sees appropriate documentation, it can distribute the funds, property, or other assets to the desired beneficiary.
The idea for Wills.com was created our founder had to deal with the sudden loss of his father and its aftermath. This platform is therefore built around the idea of helping those that benefit from estate planning. It is after all those that survive that have to deal with the emotional aftermath and settling the estate.The first thing to do after you lose someone is to obtain proof of death which you can get from the funeral home or a medical examiner. If you need help with this call us.
Some people don’t want to probate a will. There is no requirement that a will or property go through probate, but if the decedent owned property that is not arranged specifically to avoid probate, there is no way for the beneficiaries to obtain legal ownership without it. There are some exceptions to this. Florida law allows a family to own property in a decedent’s name if they continue to pay taxes and do not sell it.
Most people think of probate as involving a will. If a person dies and leaves a will, then probate is required to implement the provisions of that will.
However, a probate process also can happen if a person dies without a will and has property that needs to be distributed under the state intestacy law (the law of inheritance). If the decedent owned an account that named a beneficiary (such as a retirement account) but the beneficiary has passed away before the owner of the account, probate law requires that account to go through the court so that the funds can be passed to the person legally entitled to them under state law.
Some states allow a will registry to be created at the courthouse, so you may try inquiring at the local probate court whether they maintain such a registry. Other locations to look at include a safety deposit box (this may require a court order if you didn't sign the signature card), under mattresses, between book pages, car glove boxes or trunks, or other private safes. If you don't know the attorney who drafted the will, you might look for old checks made out to attorneys or legal firms. You can also ask friends of the deceased who may have acted as witnesses whether or not there was mention of where the will was kept or the attorney involved. An address book may be a good resource for people to contact. If the Testator used an online service you way want to contact these.
No – A person might make a Will many decades before it comes into effect, so it’s entirely possible that one, or both, of the witnesses, die before the testator. This doesn’t invalidate it in any way.
Yes, an executor can witness a Will – as long as they are not also a beneficiary of your Will.
No – if a beneficiary, or their spouse or civil partner, witnesses a Will, they forfeit their right to their share of the estate.
You should refuse to witness a Will if:
- The person signing is not the testator
- You don’t think the testator has the mental capacity
- You think the testator is being coerced into signing the Will
- You know that you are a beneficiary under the Will or you’re the spouse or civil partner of a beneficiary.
If you’re uncomfortable in any way about the circumstances you should refuse.
Who Can Be A Witness?
A witness must be an independent adult who isn’t related to the testator and has no personal interest in the Will. A neighbour or family friend is ideal. Someone cannot be a witness if they are:
- The spouse or civil partner of the testator
- A beneficiary of the Will
- The spouse or civil partner of a beneficiary.
Executors can witness the Will